person is not entitled to apply for an order under subsection (1) until the person has failed to
obtain compliance through using those processes. 1998, c. 19, s. 134 (2).
Contents of order(3)
On an application, the court may, subject to subsection (4),
(a) grant the order applied for;
(b) require the persons named in the order to pay,
(i) the damages incurred by the applicant as a result of the acts of non-compliance,
(ii) the costs incurred by the applicant in obtaining the order; or
(c) grant such other relief as is fair and equitable in the circumstances. 1998, c. 19,
s. 134 (3).
Order terminating lease(4)
The court shall not, under subsection (3), grant an order terminating a lease of a unit
for residential purposes unless the court is satisfied that,
(a) the lessee is in contravention of an order that has been made under subsection (3); or
(b) the lessee has received a notice described in subsection 87 (1) and has not paid the
amount required by that subsection. 1998, c. 19, s. 134 (4).
Addition to common expenses(5)
If a corporation obtains an award of damages or costs in an order made against an
owner or occupier of a unit, the damages or costs, together with any additional actual costs to the
corporation in obtaining the order, shall be added to the common expenses for the unit and the
corporation may specify a time for payment by the owner of the unit. 1998, c. 19, s. 134 (5).
Oppression remedy135. (1)
An owner, a corporation, a declarant or a mortgagee of a unit may make an
application to the Superior Court of Justice for an order under this section. 1998, c. 19, s. 135 (1);
2000, c. 26, Sched. B, s. 7 (7).
Grounds for order(2)
On an application, if the court determines that the conduct of an owner, a corporation, a
declarant or a mortgagee of a unit is or threatens to be oppressive or unfairly prejudicial to the
applicant or unfairly disregards the interests of the applicant, it may make an order to rectify the
matter. 1998, c. 19, s. 135 (2).
Contents of order(3)
On an application, the judge may make any order the judge deems proper including,
(a) an order prohibiting the conduct referred to in the application; and
(b) an order requiring the payment of compensation. 1998, c. 19, s. 135 (3).
Unless this Act specifically provides the contrary, nothing in this Act restricts the
remedies otherwise available to a person for the failure of another to perform a duty imposed by
this Act. 1998, c. 19, s. 136.